Do I Need A Trademark For My Logo?

A logo is your way to tell the world who you are. It can become a beacon for your business and a vital way for consumers to recognise your business. However, there are two things you are going to want to avoid. The first is to use a logo which someone else already has. Likewise, the alternative is for someone to steal your logo. Read on to find out why a trademarked logo can spare you the hassle.

Trademarked Logo

A trademark is a form of intellectual property. It serves to protect other businesses or individuals from unauthorised use of your design. In the long run, a trademark will protect your business from others who try to take advantage of you. If you trademark your logo then only you have the sole rights for use. However, before you register a trademark for your logo you should check that someone else hasn’t already trademarked it. The way to do this is to use the trademark tool. The information about similar trademarks and your rights about violations are found in the Trademarks Act 1995 (Cth)

Protecting your logo

Once you have trademarked your logo then the next step is enforcing it. Furthermore, to maintain your IP rights make sure to always keep your trademark up to date. Hence, not letting it expire. If you find that someone is using your logo or violating your IP rights then you can send a cease and desist letter. Therefore, by making the other business aware of their error you can hopefully resolve the issue quickly by asserting your legal rights as a registered logo without the need for litigation.

Registered designs

A registered design is some sort of shape, pattern or ornamentation which has been applied to a product. As a result, it is supposed to give the product a ‘unique appearance’. It is unlikely that you would use a registered design as a means to protect your logo. The better method of protection is still to use a trademarked logo.


If you are worried that someone has infringed upon your trademark, or if your logo is allowed to be trademarked then you can always check with a trademark lawyer. Therefore, even if you decide that a trademark is not what you need, make sure that your logo doesn’t interfere with someone else’s intellectual property.

Have more questions? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

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